DOCSLIB.ORG

Senate 489 5783

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Senate 489 5783 1939 CONGRESSIONAL RECORD-SENATE 489 5783. Also, petition of the Sunbury Unit, Veterans' Welfare 5800. By Mr. SCHAFER of Michigan: Resolution of the League of Northumberland County, Pa., requesting repeal Grand Ledge <Mich.) Lodge, No. 179, Free and Accepted Ma­ of the Neutrality Act and substitution of a cash-and-carry sons, opposing any changes in the present neutrality law, and system, keeping one great thing in mind-America shall not requesting that arms embargo be retained; to the Committee go to war; to the Committee on Foreign Affairs. on Foreign Affairs. 5784. Also, petition of the Schuylkill Classis (Schuylkili 5801. By the SPEAKER: Petition of Polish Falcons of County, Pa.) Ministerium of the Evangelical and Reformed America, of Pittsburgh, Pa., petitioning consideration of their Church, requesting retention of the arms-embargo provision resolution with reference to the newly established Polish Gov­ of the Neutrality Act; to write back into that law all need­ ernment; to the Committee on Foreign Affairs. ful cash-and-carry clauses and controls; for peace, to pre­ serve, to maintain, and to promote peace; to utilize all estab­ lished constitutional, ordinary, and extraordinary preroga­ SENATE tives to their full capacity of American statesmanship for the furtherance of peace; to the Committee on Foreign TUESDAY, OCTOBER 17, 1939 Affairs. <Legislative day of Wednesday, October 4, 1939) 5785. Also, petition of F. S. Vogelsang and other citizens The Senate met at 12 o'clock meridian, on the expiration of Pottsville, Palo Alto, Port Carbon, and Minersville, Pa., of the recess. to keep the present Neutrality Act intact; to the Commit­ The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the tee on Foreign Affairs. following prayer: 5786. Also, petition of Louis F. Pounder and other citizens of Gordon, Ashland, Fountain Springs, Girardville, Locust Father of Mercies, almighty and most tender God, who hast Dale, and Ashland, Pa., requesting to have the arms-embargo promised to those who seek Thee with all their heart that, as provision of the· present Neutrality Act retained, and to far as the east is from the west, so far Wilt Thou remove their provide strict cash and carry for all other commodities; transgressions from them, and that, like as a father pitieth to the Committee on Foreign Affairs. his own children, so is the Lord merciful to them that fear 5787. Also, petition of the Reverend W. I. Shambaugh, Him: We pray for the daily renewal of the spirit of true joy First Evangelical Church of Milton, Pa., and other citizens, which the sense of Thy abiding presence alone can give, and to keep America out of Europe's war by avoiding foreign for a steadfast heart to meet With constant cheerfulness the entanglements; to the Committee on Foreign Affairs. anxieties and trials of our life, that joy and trial alike may be 5788. Also, petition of Washipgton Camp, No. 134, Patri­ sanctified to us as we yield ourselves-spirit, soul, and body­ otic Order Sons of America, Port Carbon, Pa., opposing any to the fulfillment of our sacred duty to our God, our Nation, change in the Neutrality Act, but if a change must be made and the world. Grant unto us, unworthy though we be, a it be strictly cash-and-carry; to the Committee on Foreign clear vision of the beauty of holiness and a sure confidence in Affairs. Him who is the strong Son of God, immortal love, even 5789. Also, petition of Lincoln Post, No. 73, American Le­ Jesus Christ, our Lord. Amen. gion, Shamokin, Pa., requesting .strict neutrality, and oppos­ THE JOURNAL ing arty action that might involve this country in any for­ On request of Mr. BARKLEY, and by unanimous consent, the eign war; urging that Army and Navy be built strong enough reading of the Journal of the proceedings of the calendar day to defend the United States against invasion; to the Com­ Monday, October 16, 1939, was dispensed with, and the mittee on Foreign Affairs. Journal was approved. 5790. By Mr. GILLIE: Petition of H. J. Gerhardstein and CALL OF THE ROLL 400 other citizens of Fort Wayne and New Haven, Ind., Mr. MINTON. I suggest the absence of a quorum. opposing repeal of the arms embargo; to the Committee on The VICE PRESIDENT. The clerk will call the roll. Foreign Affairs. The legislative clerk called the roll, and the following Sen­ 5791. Also, resolution of the Allen County Republican La­ ators answered to their names: bor Club, Fort Wayne, Ind., opposing repeal of the arms Adams Danaher Johnson, Colo. Reed embargo; to the Committee on Foreign Affairs. Andrews Davis King Reynolds 5792. Also, resolution of the Fort Wayne Chamber of Com­ Austin Donahey La Follette Russell merce, urging the United States to maintain a fair, impartial, Bailey Downey· Lee Schwartz Bankhead Ellender Lodge Schwellenbach and lasting peace; to the Committee on Foreign Affairs. Barbour Frazier Lucas Sh eppard 5793. By Mr. KRAMER: Resolution adopted by the West Barkley George Lundeen Shipstead Bilbo Gibson McCarran Slattery Los Angeles Democratic Club, No. 1, to prevent profiteering Borah Gillette McKellar Smathers and demanding that laws be made with adequate penalties Bridges Green McNary Stewart Brown Gufiey Maloney Taft applied and enforced to bring prices back to the normal stand­ Buiow Gurney Miller Thomas, Okla. ard and at no time shall they raise unless wages are increased Burke Hale Minton Thomas, Utah at the same ratio; to the Committee on Ways and Means. Byrd Harrison Murray Townsend Byrnes Hatch Neely Truman 5794. By Mr. McCORMACK: Petition of Edward C. Dullea, Capper Hayden Norris Vandenberg of Dorchester, Mass., and 76 others, opposing any change in Caraway Herring Nye VanNuys Chandler Hill O'Mahoney Wagner present neutrality law; to the Committee on Foreign Affairs. Chavez Holman Overton Walsh 5795. Also, petition of M. A. Albisser, of Roxbury, Mass., Clark, Idaho Holt Pepper Wheeler and 35 others, advocating retention of present arms embargo; Clark, Mo. Hughes Pittman Wiley to the Committee on Foreign Affairs. Connally Johnson, Calif. Radcliffe 5796. By Mr. SCHIFFLER: Petition of Charles H. Hawkins Mr. MINTON. I announce that the Senator from Wash­ and other citizens of Wheeling, W. Va., urging no change in ington [Mr. BoNE], the Senator from Virginia [Mr. GLASS], the neutrality law and no cash and carry; to the Committee and the Senator from Maryland [Mr. TYDINGS] are detained on Foreign Affairs. from the Senate because of illness. 5797. Also, petition of Herbert Stobb and other citizens of The Senator from Arizona [Mr. AsHURST] is absent because Wheeling, W.Va., urging no change in the neutrality law and of illness in his family. no cash and carry; to the Committee on Foreign Affairs. The Senator from New York [Mr. MEAD] and the Senator 5798. Also, petition of John Kain and other citizens of from South Carolina [Mr. SMITH] are unavoidably detained. Wheeling, W.Va., opposing any change in the neutrality law; The VICE PRESIDENT. Eighty-seven Senators have an­ to the Committee on Foreign Affairs. swered to their names. A quorum is present. 5799. Also, petition of citizenship chairman, Mountain State SPECIAL COMMITTEE TO INVESTIGATE CIVIL-SERVICE SYSTEM Farm Women's Club, Roneys Point, W.Va., urging that we The VICE PRESIDENT appointed the Senator from Mis­ oppose repealing of the neutrality law; to the Committee on souri [Mr. TRUMAN] a member of the Special Committee to Foreign Affairs. Investigate the Administration and Operation of the Civil 490 CONGRESSIONAL RECORD-SENATE OCTOBER 17 Service Laws and the .Classification Act of 1923, as amended, for war, and to remove, as far as possible, from the United States even the chance events which might irritate our own people into created by Senate Resolution 198, Seventy-fifth Congress, to warlike fervor. Without an act of Congress, we cannot become a fill the vacancy caused by the death of Hon. M. M. Logan, belligerent, we cannot intervene in a military way, we cannot go to late a Senator from the State of Kentucky. war. We consider the pending question in the light of the settled pur· PETITION pose of Congress to not send our sons and daughters overseas to The VICE PRESIDENT laid before the Senate a resolution engage in foreign wars. The last act, even of national defense, is the mobilizing of the youth of America to engage in mortal combat. So adopted by the Thirty-first Annual Reunion of the Second let us settle back and calmly consider the choice that we have to Ohio Volunteer Infantry of the Spanish-American War, held make between embargoes. at Findlay, Ohio, favoring the maintenance of a strong and We start with a true premise, namely: the pending legislation adequate national defense in all its branches, and also an constitutes a substitution of a broad embargo for the narrow em­ bargo which now exists. efficient merchant marine; condemning nazi-ism, commu­ . The erroneous impression, implicit in the popular slogan ''Lift the nism, and other alien "isms"; and calling upon the Presi­ Embargo, and Substitute Cash and Carry," is corrected through the dent and the Congress to keep the Nation out of war "except debate which is proceeding in the Senate. Now that a state of war has been proclaimed, we are not to in defense of our liberties, institutions, and ideals," which choose between embargo and no embargo. We are to choose between was ordered to lie on the table. two embargoes. The present one prohibits export of arms, am­ ADDRESS BY SERGEANT YORK ON NEUTRALITY AND THE ARMS munition, or implements of war. The contemplated substitute EMBARGO embargo would bar from the seas American vessels, American men, and American articl~s and materials.
Load more

Recommended publications
  • Resolving Native American Land Claims and the Eleventh Amendment: Changing the Balance of Power
    Volume 39 Issue 3 Article 1 1994 Resolving Native American Land Claims and the Eleventh Amendment: Changing the Balance of Power Katharine F. Nelson Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Constitutional Law Commons Recommended Citation Katharine F. Nelson, Resolving Native American Land Claims and the Eleventh Amendment: Changing the Balance of Power, 39 Vill. L. Rev. 525 (1994). Available at: https://digitalcommons.law.villanova.edu/vlr/vol39/iss3/1 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Nelson: Resolving Native American Land Claims and the Eleventh Amendment: VILLANOVA LAW REVIEW VOLUME 39 1994 NUMBER 3 RESOLVING NATIVE AMERICAN LAND CLAIMS AND THE ELEVENTH AMENDMENT: CHANGING THE BALANCE OF POWER KATHARINE F. NELSON* TABLE OF CONTENTS I. INTRODUCTION ........................................... 526 II. INDIAN TITLE AND THE NONINTERCOURSE ACT ........... 530 III. THE HISTORY OF TRIBAL ACCESS TO THE FEDERAL COURTS ................................................... 533 A. Before Oneida I and II. ....................... 533 B. O neida I .......................................... 542 C. O neida II ......................................... 543 IV. NEGOTIATED SETTLEMENTS ............................... 546 A. Land Claims ......................................
    [Show full text]
  • The Systematic Identification and Articulation of Content Standards and Benchmarks. Update. INSTITUTION Mid-Continent Regional Educational Lab., Aurora, CO
    DOCUMENT RESUME ED 403 308 TM 026 040 AUTHOR Kendall, John S.; Marzano, Robert J. TITLE The Systematic Identification and Articulation of Content Standards and Benchmarks. Update. INSTITUTION Mid-Continent Regional Educational Lab., Aurora, CO. SPONS AGENCY Office of Educational Research and Improvement (ED), Washington, DC. PUB DATE Mar 95 CONTRACT RP91002005 NOTE 598p. AVAILABLE FROM Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) Reports Descriptive (141) EDRS PRICE MF03/PC24 Plus Postage. DESCRIPTORS Art; *Course Content; *Educational Improvement; Elementary Secondary Education; Geography Instruction; Health Education; History Instruction; *Identification; Language Arts; Mathematics Education; Science Education; *Standards; Thinking Skills IDENTIFIERS *Benchmarking; *Subject Content Knowledge ABSTRACT The project described in this paper addresses the major issues surrounding content standards, provides a model for their identification, and applies this model to identify standards and benchmarks in subject areas. This update includes a revision of content standards and benchmarks published in, earlier updates and the synthesis and identification of standards in new areas. Standards and benchmarks are provided for science, mathematics, history, geography, the arts, the language arts, and health. Also included are standards in thinking and reasoning and an analysis and description of knowledge and skills considered important for the workplace. Following an introduction, the second section presents an overview of the current efforts towards standards in each of these subject areas. Section 3 describes the technical and conceptual differences that have been apparent in the standards movement and the model adopted for this study. Section 4 presents key questions that should be addressed by schools and districts interested in a standards-based strategy.
    [Show full text]
  • The Maine Indian Land Claim Settlement: a Personal Recollection
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Maine Maine History Volume 46 Number 2 Land and Labor Article 5 6-1-2012 The Maine Indian Land Claim Settlement: A Personal Recollection John M.R. Paterson Bernstein, Shur Follow this and additional works at: https://digitalcommons.library.umaine.edu/mainehistoryjournal Part of the Cultural Heritage Law Commons, Cultural History Commons, Indian and Aboriginal Law Commons, Indigenous Studies Commons, Legal Commons, Natural Resources Law Commons, Social History Commons, and the United States History Commons Recommended Citation Paterson, John M.. "The Maine Indian Land Claim Settlement: A Personal Recollection." Maine History 46, 2 (2012): 195-225. https://digitalcommons.library.umaine.edu/mainehistoryjournal/vol46/iss2/5 This Article is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Maine History by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. THE MAINE INDIAN LAND CLAIM SETTLEMENT: A PERSONAL RECOLLECTION BY JOHN M.R. PATERSON From 1971 to 1980, the state of Maine grappled with one of the greatest legal challenges ever before it. That challenge had its origin in a suit brought by the Penobscot and Passamaquoddy tribes against the U.S. Department of the Interior seeking the seemingly simple declaration that the department owed a fiduciary duty to the tribes based on a federal law adopted in 1790. That suit was eventually to lead to a suit by the U.S. Department of Justice against the state of Maine, and potentially 350,000 residents in the eastern two-thirds of the state, seeking return of land taken from the tribes in the latter part of the eighteenth century and first part of the nineteenth century.
    [Show full text]
  • French and Indian War Causes Territorial Disputes European
    French and Indian War Causes Territorial Disputes European Conflicts Access to North American Resources Mercantilist Trade Native American Conflicts Strategies Control of Great Lakes Indian Alliances Naval Warfare Frontier Raids and Warfare Creation and Defense of Forts Albany Plan of Union – Failed British / Colonial Advantages Control of Eastern Seaboard Larger Population and Military Force Stronger Navy Disadvantages French Indian Alliance Conflicts Between Colonial and British Troops Outcomes Boost to Colonial Confidence Wrong Idea of Colonists by British Treaty of Paris 1763 End of Salutary Neglect End of French Menace on the Continent Proclamation Act of 1763 British Need for Revenue Pontiac’s Rebellion Expansion of British Territory Training of Colonial Leaders Revolutionary War Causes Taxation Representation Enlightenment Thinking Boston Massacre Intolerable Acts Trade Restrictions Strategies Defensive War Guerrilla Warfare Gain Alliances Colonial / United States Advantages Home Turf Time French Alliance “Cause” with Declaration of Independence Leadership of George Washington Disadvantages Weakness of Continental Army Lack of Money Inflation of Continental Script No Formal Military Training Outcomes Treaty of Paris 1783 Independence Land East of Mississippi, North of Florida, South of Great Lakes Fishing Rights British Military Out of United States Territory US Payment of Debts to British Merchants Ratification of Articles of Confederation 1781 Debt and Inflation Lack of Resolution British Forts Along Canadian Border Return of
    [Show full text]
  • United States Department of the Interior OFFICE of the SOLICITOR Washington, D.C
    United States Department of the Interior OFFICE OF THE SOLICITOR washington, D.C. 20240 I'IAY 0 1 2020 Memorandum To: Tara Sweeney, Assistant Secretary Indian Alfairs From: Kyle Scherer, Deputy Solicitor for lndian Xtats ,7 9,-Z-."-- Eric Shepard, Associate Solicitor, Division of Indian Affairs Arr> //. Shfa"/ Subj ect: Federal Jurisdiction Status ofSan Pasqual Band ofDiegueno Mission Indians of Califomia in 1934 This Opinion addresses the statutory authority ofthe Secretary ofthe Interior ("Secretary") to acquire land in trust for the San Pasqual Band of Diegueno Mission lndians of Califomia ("San Pasqual" or "Tribe") pursuant to Section 5 ofthe Iadian Reorganization Act of 1934 ("In 4'1.t Section 5 ofthe IRA ("Section 5") authorizes the Secretary to acquire land in trust for "Indians." Section 19 of the Act ("Section 19") defines "Indian" to include several categories ofpersons.2 As relevant here, the first definition inchrdes all persons of Indian descent who are members of "any recognized Indian tribe now under federal jurisdiction" ("Category 1").3 In 2009, the United States Supreme Court ("Supreme Court") in Carcieri v. Salazar constnted the term 1 "now" in Category 1 to refer to 1934, the year of the IRA's enactment. The Supreme Court did not consider the meaning ofthe phrases "under federal junsdiction" or "recognized Indian tribe." ln connection with the Tribe's pending fee-to-trust application.5 you have asked whether the Tribe is eligible for trust land acquisitions under Category 1.6 For the reasons explained below, we conclude that there is evidence presumptively demonstrating that the Tribe was "under '1934.
    [Show full text]
  • The Economic and Political Effects of the 1807-1809 Embargo on Virginia
    W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1995 Virginia Embargoed: The Economic and Political Effects of the 1807-1809 Embargo on Virginia John George Kinzie College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the Economic History Commons, and the United States History Commons Recommended Citation Kinzie, John George, "Virginia Embargoed: The Economic and Political Effects of the 1807-1809 Embargo on Virginia" (1995). Dissertations, Theses, and Masters Projects. Paper 1539626002. https://dx.doi.org/doi:10.21220/s2-e608-9b15 This Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. VIRGINIA EMBARGOED: THE ECONOMIC AND POLITICAL EFFECTS OF THE 1807-1809 EMBARGO ON VIRGINIA A Thesis Presented to The Faculty of the Department of History The College of William and Mary in Virginia In Partial Fulfillment Of the Requirements for the Degree of Master of Arts by John Kinzie 1995 APPROVAL SHEET This thesis is submitted in partial fulfillment of the requirement for the degree of Master of Arts in Kinzie Approved, May 1995 CMndos Brown John Selbj L a j ^ L Aa a ± x LA/\ Carol Sheriff “ J TABLE OF CONTENTS Page ACKNOWLEDGEMENTS iv ABSTRACT v CHAPTER I. PRELUDE TO THE EMBARGO 2 CHAPTER II. THE EMBARGO BEGINS 20 CHAPTER HI. THE MANUFACTURING SPIRIT 37 CHAPTER IV.
    [Show full text]
  • The Reports of Our Death Are Greatly Exaggerated - Reflections on the Resilience of the Oneida Indian Nation of New York
    BYU Law Review Volume 2018 Issue 6 Article 5 Spring 5-1-2019 The Reports of Our Death Are Greatly Exaggerated - Reflections on the Resilience of the Oneida Indian Nation of New York Allison M. Dussias Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Law Commons Recommended Citation Allison M. Dussias, The Reports of Our Death Are Greatly Exaggerated - Reflections on the Resilience of the Oneida Indian Nation of New York, 2018 BYU L. Rev. 1231 (2019). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2018/iss6/5 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. 002.DUSSIAS_FIN2_NOHEADERS.DOCX (DO NOT DELETE) 5/6/19 2:18 PM The Reports of Our Death Are Greatly Exaggerated— Reflections on the Resilience of the Oneida Indian Nation of New York Allison M. Dussias* CONTENTS I. INTRODUCTION ........................................................................................ 1232 II. PRELIMINARY MATTERS: DEFINING RESILIENCE, FOCUSING ON THE NATION .................................................................................... 1235 A. Defining Resilience ............................................................................. 1235 B. Focusing on the Oneida Indian Nation of New York........................ 1236 III. ONEIDA RESILIENCE IN THE FACE OF DISPOSSESSION OF LAND, DENIAL OF EXISTENCE, AND DENIGRATION OF SOVEREIGNTY .......................... 1238 A. “We Want Your Land—and We Are Willing to Break the Law to Get It. What’s Yours Is Ours.” ........................................................ 1239 1. The Oneida Nation: America’s “first ally” ................................. 1239 2. After the war was over: National treaty guarantees, state expropriation ..................................................................
    [Show full text]
  • 1977 Native American Rights Fund '
    Nationai India 1522 Broad~ nlaw Library Boufrfer ay ,0 ' co 803()2 Native American Rights Fund ' Annual Report • 1977 NATIVE AMERICAN RIGHTS FUND ' STEERING COMMITTEE Executive Committee David Aisling, Jr. (Hoopa), Chairman Coordinator, Native American Studies, University of California-Davis California • Val Cordova (Taos Pueblo)* Educator, San Felipe Day School New Mexico Leo Laclair (Muckleshoot) Attorney, Commercial Fisherman Washington LaNada Boyer (Shoshone-Bannock) • Tribal Council Member Idaho Committee Members Robert Bojorcas (Klamath) Director of CETA Manpower Program Oregon Chief Curtis L. Custalow, Sr. (Mattaponi) Mattaponi Chief Virginia Lucille Dawson (Narragansett) Program Specialist, Administration for Native Americans Washington D.C. Renee Howell (Oglala Sioux) • Paralegal South Dakota Louis LaRose (Winnebago) Chairman, Winnebago Tribe of Nebraska Nebraska Leroy Logan (Osage) Rancher Oklahoma Janet McCloud (Tulalip) Washington Jerry Running Foxe (Coquille) Chairman of Coquille Tribe Oregon • John Stevens (Passamaquoddy) Governor of the Passamaquoddy Tribe Maine · *Until October, 1977 CORPORATE OFFICERS Executive Director John E. Echohawk (Pawnee) Secretary Lorraine P. Edmo (Shoshone-Bannock) Treasurer James A. Laurie STAFF ATTORNEYS* Lawrence A. Aschenbrenner Kurt V. Blue Dog (Sisseton-Wahpeton Sioux) Richard B. Collins Raymond Cross (Mandan-Gros Ventre) Sharon K. Eads (Cherokee) Walter R. Echo-Hawk (Pawnee) Daniel H. Israel Yvonne T. Knight (Ponca-Creek) Timothy A. LaFrance (Turtle Mountain Chippewa) Arlinda F. Locklear (Lumbee) Don B. Miller Dennis M. Montgomery Robert S. Pelcyger Thomas N. Tureen A. John Wabaunsee (Prairie Band Potawatomi) Jeanne S. Whiteing (Blackf~et-Cahuilla) *as of December 31, 1977 Main Office: 1506 Broadway, Boulder, Colorado 80302 Branch Offices: Washington, p.C. and Calais, Maine DIRECTOR'S REPORT 1 THE PROGRAM 3 Purpose and Development .
    [Show full text]
  • Can Indian Tribes Sell Or Encumber Their Fee Lands Without Federal Approval?
    Can Indian Tribes Sell or Encumber Their Fee Lands Without Federal Approval? Mark A. Jarboe and Daniel B. Watts1 “This Court has never determined whether the Indian Nonintercourse Act, which was enacted in 1834, applies to land that has been rendered alienable by Congress and later reacquired by an Indian tribe.”2 I. The Issue A few years ago, an Indian tribe in the Pacific Northwest desired to purchase a hotel located on a parcel of land owned in fee by a non-Indian party and to finance the acquisition with a bank loan. The bank was willing to make the loan on terms acceptable to the tribe, including a requirement that the loan be secured by a mortgage on the hotel and site. The structuring and documentation of the loan overcame the normal hurdles and challenges until it hit an unforeseen obstacle: Could the tribe legally grant the required mortgage to the bank? What caused the concern was one of the oldest federal statutes still in effect: 25 U.S.C. §177, referred to as the “Indian Nonintercourse Act” (the “INIA” or the “Act”). The INIA states: No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000.
    [Show full text]
  • United States V. State of Washington, 384 F
    FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA; No. 13-35474 SUQUAMISH INDIAN TRIBE; SAUK-SUIATTLE TRIBE; D.C. Nos. STILLAGUAMISH TRIBE; HOH 2:01-sp-00001-RSM TRIBE; JAMESTOWN S’KLALLAM 2:70-cv-09213-RSM TRIBE; LOWER ELWHA BAND OF KLALLAMS; PORT GAMBLE BAND CLALLAM; NISQUALLY OPINION INDIAN TRIBE; NOOKSACK INDIAN TRIBE; SKOKOMISH INDIAN TRIBE; SQUAXIN ISLAND TRIBE; UPPER SKAGIT INDIAN TRIBE; TULALIP TRIBES; LUMMI INDIAN NATION; QUINAULT INDIAN NATION; SUQUAMISH INDIAN TRIBE; PUYALLUP TRIBE; CONFEDERATED TRIBES AND BANDS OF THE YAKAMA INDIAN NATION; QUILEUTE INDIAN TRIBE; MAKAH INDIAN TRIBE; SWINOMISH INDIAN TRIBAL COMMUNITY; MUCKLESHOOT INDIAN TRIBE, Plaintiffs-Appellees, v. STATE OF WASHINGTON, Defendant-Appellant. 2 UNITED STATES V. WASHINGTON Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, Chief District Judge, Presiding Argued and Submitted October 16, 2015 Seattle, Washington Filed June 27, 2016 Before: William A. Fletcher and Ronald M. Gould, Circuit Judges, and David A. Ezra,* District Judge. Opinion by Judge W. Fletcher * The Honorable David A. Ezra, District Judge for the U.S. District Court for the District of Hawai’i, sitting by designation. UNITED STATES V. WASHINGTON 3 SUMMARY** Tribal Fishing Rights The panel affirmed the district court’s order issuing an injunction directing the State of Washington to correct culverts, which allow streams to flow underneath roads, because they violated, and continued to violate, the Stevens Treaties, which were entered in 1854–55 between Indian tribes in the Pacific Northwest and the Governor of Washington Territory. As part of the Treaties, the Tribes relinquished large swaths of land, watersheds, and offshore waters adjacent to those areas (collectively, the “Case Area”), in what is now the State of Washington.
    [Show full text]
  • RCED-94-157 Indian Issues: Eastern Indian Land Claims and Their
    United States General Accounting Offke Report to the Honorable GAO Rosa L. DeLauro, House of Representatives I June 1994 INDIAN ISSUES Eastern Indian Land Claims and Their Resolution United States General Accounting Office GAO Washington, D.C. 20548 Resources, Community, and Economic Development Division B-256712 June 22,1994 The Honorable Rosa L. DeLauro House of Representatives Dear Ms. DeLauro: In late 1992, through a federal court action, the Golden HiIl Paugussett Indian Tribe claimed damages and the right to have large tracts of land in Connecticut restored to the tribe. The lawsuit was based, in part, on an assertion that land historically belonging to the tribe had been transferred without the congressional approval required by the Indian Nonintercourse Act of 1790. Concerned about the Congress’s apparent responsibilities under the act, the unpredictability of such claims, and the$hardships they place on c&rent landowners, you asked us to (1) provide mformation on land claims made by eastern Indians in the past 20 years, (2) determine how these claims were resolved, and (3) identify actions that the Congress might take to mitigate the unpredictability and impact of these claims. Over the last 20 years, at least 21 lawsuits claiming land have been Results in Brief initiated by 22 Indian tribes or groups in seven eastern states and Louisiana These claims generally have been based on the assertion that past transfers of land by the tribes were invalid because the transfers had not received the congressional approval required by the 1790 act. Both the Golden Hill Paugussett Tribe and, more recently, the Seneca Nation in New York have filed these types of land claims.
    [Show full text]
  • Indian Country and the Territory Clause: Washington's Promise at the Framing
    American University Law Review Volume 68 Issue 1 Article 4 2018 Indian Country and the Territory Clause: Washington's Promise at the Framing John Hayden Dossett Northwestern School of Law of Lewis & Clark Follow this and additional works at: https://digitalcommons.wcl.american.edu/aulr Part of the Indian and Aboriginal Law Commons, Legal History Commons, and the United States History Commons Recommended Citation Dossett, John Hayden (2018) "Indian Country and the Territory Clause: Washington's Promise at the Framing," American University Law Review: Vol. 68 : Iss. 1 , Article 4. Available at: https://digitalcommons.wcl.american.edu/aulr/vol68/iss1/4 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Indian Country and the Territory Clause: Washington's Promise at the Framing This article is available in American University Law Review: https://digitalcommons.wcl.american.edu/aulr/vol68/ iss1/4 INDIAN COUNTRY AND THE TERRITORY CLAUSE: WASHINGTON’S PROMISE AT THE FRAMING JOHN HAYDEN DOSSETT* This Article explores the Territory Clause, Article IV, Section 3, as a source of power for federal laws in “Indian country,” as defined at 18 U.S.C § 1151. In contrast to plenary power doctrine, the Territory Clause offers a textual source of authority to regulate matters unrelated to commerce, such as criminal jurisdiction, in Indian country.
    [Show full text]